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S.C. Code Ann. § 42-15-20

Notice to employer of accident or repetitive trauma

Known as the The South Carolina Workers' Compensation Law

The act spans §§ 42–42 (216 sections).

Applied in 19 court decisions — leading case Muir v. C.R. Bard, Inc. (1999)

Most recently applied in Nero v. S.C. Dep't of Transp. (June 2019)

1962 Code SECTION 72-301; 1952 Code SECTION 72-301; 1942 Code SECTION 7035-25; 1936 (39) 1231; 1974 (58) 2265; 2007 Act No. 111, Pt I, SECTION 25, eff July 1, 2007, applicable t…

How often courts cite this section

1985199020002010201930
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) Every injured employee or his representative immediately shall on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a notice of the accident and the employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this title prior to the giving of such notice, unless it can be shown that the employer, his agent, or representative, had knowledge of the accident or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity or the fraud or deceit of some third person.

(B) Except as provided in subsection (C), no compensation shall be payable unless such notice is given within ninety days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been prejudiced thereby.

(C) In the case of repetitive trauma, notice must be given by the employee within ninety days of the date the employee discovered, or could have discovered by exercising reasonable diligence, that his condition is compensable, unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been unduly prejudiced thereby.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.